What is a better visa for spouse if she want to be able to work or go to school ?

[PrakashR]

Hello everyone!,
Thanks in advance for your time and support.

I hold a H1B visa at present time and am engaged to a girl that is also a software professional like me. She is working for a US bases software company in India. When I get married later this year, she will be moving to California from Bangalore. Once she is here, she wants to continue her career here or attend school and earn a MS degree. Given this background, here are my questions:

1. Given her intentions, what is a better visa for her to start out with ? I take it there are 3 options , H1,H4 or F1. ( what is a H2 visa BTW ? , I was on a L1 visa before and now I hear that the dependents of L1 which are L2 visa holders can now work in the US , is H2 on similar lines too ?)

2. Is it any different to get a H1 when she is here in the US on H4 ? Is that kind of transfer possible or does she have to go through the same process of finding a sponsor company first ?

3. Is it any different to get a F1 visa when she is here in the US on H4 ? Can she attend a school on H4 without a F1 visa ? If can, any known pros and cons ?

I truly appreciate your kind reply.

 

[jbm]

H1- > H4 -> F1 (by Choice)

1. IF she can get employee (may be current) in india for sponsorship then H1 is best option, then she doesn't need H4 becuase she is not depened on you.

2. She can get H4 after getting married to you and come to usa find project go through H1 same sponsorship process and change status from H4 to H1.

3. She can study on H4 without any problem, but she won't eligiable for 1 year of OPT and other scholership, other end she will be paying resident fee (that is depend on the college / university)

side node, I hope you started your immigration process/ green card then you won't have status problem for long time.

I hope this would help you.

JB